An H-1B-dependent employer is a business that relies significantly on H-1B nonimmigrant workers. According to U.S. immigration law, an employer qualifies as H-1B-dependent if they meet specific employee thresholds and employ a certain number of H-1B visa holders. This classification is essential for understanding the employer's obligations under immigration regulations.
The term "H-1B-dependent employer" is primarily used in immigration law. It impacts how employers can hire foreign workers on H-1B visas, which are typically granted for specialty occupations. Understanding this classification is crucial for employers to comply with legal requirements and to navigate the visa application process effectively. Users can find legal templates and forms through US Legal Forms to assist in managing H-1B applications and compliance documentation.
Here are a couple of examples of abatement:
Example 1: A tech startup with 20 full-time employees hires 10 H-1B nonimmigrants. This company is classified as H-1B-dependent because it has fewer than 25 employees and employs more than 7 H-1B workers.
Example 2: A mid-sized consulting firm with 40 employees employs 15 H-1B nonimmigrants. This firm is also H-1B-dependent as it has between 26 and 50 employees and exceeds the limit of 12 H-1B workers. (hypothetical example)
The primary statute governing H-1B-dependent employers is found in 8 USCS § 1182, which outlines the definitions and criteria for H-1B dependency. This law is part of the broader framework of U.S. immigration policy.
| Term | Definition |
|---|---|
| H-1B Employer | A general term for any employer that sponsors H-1B visa holders, regardless of dependency status. |
| Non-H-1B Employer | An employer that does not hire H-1B visa holders or does not meet the criteria for H-1B dependency. |
If you are an employer who believes you may be H-1B-dependent, it is essential to review your workforce composition. You may need to consult with an immigration attorney to ensure compliance with all regulations. Additionally, consider using US Legal Forms to access templates for H-1B applications and related documents, which can simplify the process.
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An H-1B-dependent employer is a business that employs a significant number of H-1B visa holders based on specific employee thresholds defined by U.S. immigration law.